A/HRC/49/54
collaboration with other mandate holders are of critical importance in addressing this issue.
The Special Rapporteur has been particularly impressed with the International Cities of
Refuge Network, which has hosted more than 200 persecuted artists and writers since 2006.
More initiatives to protect vulnerable artists need to be highlighted.
22.
The Special Rapporteur is also looking forward to gathering examples of artistic work
that promotes human rights, raises concern over specific human rights matters and explores
difficult human rights issues. Highlighting art as a means of promoting human rights, and
protecting the rights of those who do so, is important.
23.
The rights of scientists have also been considered in the reports on the right to benefit
from scientific progress and its application, 19 on the implications of patent policy for the
human right to science and culture20 and on the impact of the coronavirus disease (COVID19) pandemic on cultures and cultural rights21. However, there seems to be room for further
detailed work on academic freedoms and the rights of stakeholders in relation to this mandate.
The Special Rapporteur will work with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression and with civil society to clarify
the content of academic freedoms and the obligations of stakeholders.
B.
Protecting cultural rights relating to intangible culture
24.
The Special Rapporteur is also committed to exploring further the benefits of
protecting rights to intangible culture. The rights to one’s identity and to maintain, celebrate
and develop one’s world views, values, approaches, customs, traditions and their
manifestations need to be protected for the well-being, health and development of the
individual, the social cohesion of the society and the evolution of civilization. Disrespect for
substantial elements and violations of the above-referenced rights have had a lasting impact
on several segments of the population; many indigenous communities carry the scars of such
disrespect. At times, such violations have been happening under the pretext of protecting
human rights or “educating” the persons whose rights were being violated. These narratives
were recently used in the migration debate, where some host States claimed that migrants
allegedly needed to be “educated” about the rule of law. Such policies and attitudes could be
an expression of covert and insidious cultural superiority, through which the values of every
other culture are ignored and despised. Historical injustices have to be addressed and
disrespect for specific cultures, explicit or implicit, must end, and difficult discussions about
redress for the gross violations committed have to be initiated. The collective nature and
elements of cultural rights, as recognized by current standards in international law,22 are also
part of the remit of the mandate.
25.
At the same time, intangible culture has in some circles been mistakenly equated with
traditional values, often set by elites, and overwhelmingly by male-dominated elites. A topdown approach to culture does not satisfy current standards of international law. As the
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression has recently noted, religious interpretations, traditional values and patriarchal
social constructs are used to restrict or repress cultural expression, including the artistic
freedom of women and gender non-conforming individuals. Restrictions range from
prohibiting women from performing or broadcasting their performances to suppressing art
and cultural productions of lesbian, gay, bisexual, transgender, intersex, queer and gendernon-conforming people.23
26.
In accordance with the Vienna Declaration and Programme of Action, while the
significance of national and regional particularities and various historical, cultural and
19
20
21
22
23
See A/HRC/20/26.
See A/70/279 and A/70/279/Corr.1.
See A/HRC/46/34.
See Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009); United
Nations Declaration on the Rights of Indigenous Peoples; and article 1 of the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which refers
to the collective nature of the existence and protection of minorities.
A/76/258, paras. 15, 30, 33, 37 and 59.
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